Misdiagnosis and Delayed Diagnosis

Practiced Medical Malpractice Attorneys in Manhattan & the 5 New York Boroughs

A large portion of malpractice claims stem from cases of misdiagnosis or delayed treatment of serious medical conditions. If a doctor, their nurses, or other medical professionals overlook symptoms or fail to take adequate measures to accurately diagnose a health condition, patients are subject to risk or increased injuries and even fatal outcomes. In the medical field, there are routine measures set in place in order to properly diagnose patients who are suffering symptoms. Failure to follow this routine is considered negligence on the part of the culpable medical professional and relevant hospital and is ground for a personal injury claim on the part of the victim.

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Proving Medical Malpractice

In order for a malpractice claim concerning misdiagnosis to be successful, the plaintiff must prove three things.

  • First, the injured party must show that a doctor-patient relationship existed at the time and before the misdiagnosis took place.
  • Second, the patient must show that the doctor was negligent. This means that the doctor failed to provide proper treatment with reasonable skill and in a competent manner.
  • Third, the plaintiff must be able to show that the doctor's negligence cause actual serious injury to the patient – injury that would otherwise have been avoided had the doctor properly and timely diagnosed the symptoms.

Also known as "failure to rescue", misdiagnosis is one of the most common forms of medical negligence. A recent study by HealthGrades revealed that an estimated that 10% of hospital patients are misdiagnosed. Some of the most common conditions that are overlooked or misinterpreted can include different forms of serious cancer, kidney disease and pneumonia.

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Malpractice cases involving failure to diagnose accurately are some of the most complicated cases in the category. Attorneys must be able to prove negligence of the defendant through multiple channels and show that their client was injured directly because of the doctor's failure to do their job. In addition to physical injuries, misdiagnosis can lead to increased medical expenses, emotional distress and loss of wages. For this reason, it is important that a patient who was made victim to the failings of a health care professional contact a personal injury attorney in Manhattan immediately. Prompt action can add to the strength of a malpractice suit which is why the injury victim should not waste any time.


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